# C_2009180EN.01001402.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/14 |
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1.8.2009

EN

Official Journal of the European Union

C 180/14

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Judgment of the Court (Second Chamber) of 11 June 2009 (Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)) — Agrana Zucker GmbH v Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

(Case C-33/08) (1)

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(Sugar - Temporary scheme for the restructuring of the sugar industry - Article 11 of Regulation (EC) No 320/2006 - Calculation of the temporary restructuring amount - Inclusion of the part of the quota subject to a preventive withdrawal - Principles of proportionality and non-discrimination)

2009/C 180/23

Language of the case: German

Referring court

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Agrana Zucker GmbH

Applicant:

Defendant: Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

Defendant:

Re:

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof — Interpretation of Article 34 EC and, in particular, the principle of non-discrimination and the principles of the protection of legitimate expectations and proportionality — Interpretation and validity of Article 11 of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (OJ 2006 L 58, p. 42) — Common organisation of the markets in the sugar sector — Whether the part of the quota subject to preventive withdrawal pursuant to Article 3 of Commission Regulation (EC) No 493/2006 of 27 March 2006 laying down transitional measures within the framework of the reform of the common organisation of the markets in the sugar sector, and amending Regulations (EC) No 1265/2001 and (EC) No 314/2002 (OJ 2006 L 89, p. 11) should be included in the calculation of the temporary restructuring amount.

Operative part of the judgment

Operative part of the judgment

| 1. | Article 11 of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy must be interpreted as meaning that the part of the sugar quota allocated to an undertaking, which has been subject to a preventive withdrawal pursuant to Article 3 of Commission Regulation (EC) No 493/2006 of 27 March 2006 laying down transitional measures within the framework of the reform of the common organisation of the markets in the sugar sector, and amending Regulations (EC) No 1265/2001 and (EC) No 314/2002, as amended by Commission Regulation (EC) No 1542/2006 of 13 October 2006, is to be included in the basis for the calculation of the temporary amount. |
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1.

Article 11 of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy must be interpreted as meaning that the part of the sugar quota allocated to an undertaking, which has been subject to a preventive withdrawal pursuant to Article 3 of Commission Regulation (EC) No 493/2006 of 27 March 2006 laying down transitional measures within the framework of the reform of the common organisation of the markets in the sugar sector, and amending Regulations (EC) No 1265/2001 and (EC) No 314/2002, as amended by Commission Regulation (EC) No 1542/2006 of 13 October 2006, is to be included in the basis for the calculation of the temporary amount.

| 2. | Examination of the second question has not revealed anything which might affect the validity of Article 11 of Regulation No 320/2006. |
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2.

Examination of the second question has not revealed anything which might affect the validity of Article 11 of Regulation No 320/2006.

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(1)  OJ C 92, 12.4.2008.

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